...application filed by the petitioner for grant of succession certificate for opening the locker has been rejected on the ground that for opening the locker succession certificate cannot be issued.2. The necessary facts for disposal...and, therefore, the succession certificate should have been issued. The courts below have come to a conclusion that the petitioners were not nominated by the deceased to operate the locker and the Court does not have jurisdiction to grant succession certificate for opening...application for grant of succession certificate was filed.3. The respondent no. 2 objected to the application and submitted that she is the legally wedded wife of Gopal Goyal and she has...

...-applicant No. 2 namely Vikki is not son of Rajan Yashpal. She also filed an application under Section 372 of the Act for grant of succession certificate in her favour for access to locker and recovery of...issue succession certificate in favour of Smt. Sobha Walia and Vikki on furnishing security to the tune of value of the ornaments.4. Learned counsel for the applicant contended that access to locker and...inside it do not fall within the definition of debt. I am of the opinion that requirement to have a succession certificate for access to the bank lockers or for realizing the ornaments kept inside the locker is...

...Sulakshini.P bearing locker No:C2-8, SDV No:49001594097 having locker facility since 1998. They have not appointed nominee for the locker. Hence for proceeding further, succession certificate for both the locker hirers... Elephant Gate Branch which stands in the name of Sulochana Thakur and A.Pushpa @ Pushpa Amarlal jointly, succession certificate is required. The legal heirs of the Sulochana Thakur and A.Pushpa @ Pushpa Amarlal who are the petitioners herein have consented to grant Succession Certificate to the petitioners 1 and 13 jointly for them to operate the locker which... This petition has been filed under Section 372 of the Indian Succession Act, 1925 and under Order XXV Rule 6 of Original Sides Rules for grant of succession certificate in the...

...Section 370 of the Succession Act, 1925, the requirement of succession certificate could be pressed only for debts and securities and for a safety locker, there...the CWP-24208-2019 (O&M) -2- locker yet the bank is adamant and insisting upon a succession certificate to be produced. Counsel relies upon a judgment of the Calcutta High Court in...would be no requirement for such a succession certificate. Counsel at this stage makes a submission that even a legal notice has been served upon the first respondent...

....2. The Bank asked for a succession certificate to allow the appellant to operate that Bank locker of the Trust and upon its refusal, the present appeal was required to be filed by the appellant.3. Learned counsel for the...of the Indian Succesion Act, filed by the applicant-appellant Chandanmal Lalwani, while negating the said request of succession certificate in respect of the bank locker No. 54-A, which was in the...Family Trust, the Bank could not have refused to operate the bank locker No. 54-A, and even in the absence of any succession certificate in his favour under Section 372 of the Indian...

...certificate. The jurisdictional Court, by its judgment dated 22.04.2022, dismissed the petition, stating that there is no provision under Section 370 of the Indian Succession Act for granting a succession certificate to operate a locker, as...to obtain a succession certificate. 2. The petitioner then filed a petition in P & SC No. 16/2020 before the jurisdictional Court, requesting the grant of a succession...paying the applicable charges for Locker No. 28 (small) at the SBI ADB Mandya Branch. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM ...

...respondent No.1/ Indian Bank, Jabalpur Branch, whereby the petitioners are directed to produce succession certificate or probate for settlement of locker account of their deceased father and for the...nomination in the locker account, the Bank issued direction to the petitioners to provide the succession certificate or probate in respect of unregistered will allegedly executed by the father of the...OnLine Chhatisgarh 28, wherein the Chattisgarh High Court has held that no succession certificate can be issued in respect of any Bank locker and the Court has only power to issue succession...

...contents of the locker to the petitioners who are the children of the deceased locker hirer.Advocate for bank has submitted that in the absence of a succession certificate or letters of administration issued by the appropriate Court, the bank cannot give the petitioners the contents of the locker, for the...question. After their father's death their mother continued to hold the locker as the sole hirer till July 27, 1994, when she died. They visited the bank on April 27, 2007, when they learnt that for...which were found in the locker.Advocate for the petitioners submits that in the facts and circumstances of the case the bank forcing the locker was under an obligation to give the...

...mother of Jaspal Singh filed a petition for grant of succession certificate in regard to locker in Punjab and Sind Bank in the name of Jaspal Singh @ Pal Singh. The petitioner-applicant caused...that a serious prejudice shall be caused to the petitioner in case she is not permitted to contest the petition filed by Bhajan Kaur for grant of succession certificate in respect of locker...Kaur who has filed the petition for grant of succession certificate in regard to the locker in Punjab and Sind Bank in the name of deceased Jaspal Singh @ 2 of 3 Pal Singh is the mother and class-I heir of deceased. Equally true is that the present petitioner is the widow of deceased Jaspal Singh @ Pal Singh. Counsel for the...

...brief submissions, prays for withdrawal of the writ petition with liberty to the petitioners to file fresh application before the Bank for permission to operate the locker, after obtaining succession...operate the locker unless the succession certificate is filed. 4. Accordingly, the petition stands disposed of with liberty in terms of the prayer made. (Ram Manohar...:- Vikas Kumar Mishra And 2 Others Respondent :- Bank Of Baroda And Another Counsel for Petitioner :- Indra Dev Counsel for Respondent :- Anadi Krishna Narayana Hon'ble Manoj Kumar...

...nominee before granting her access to the Locker. The Bank, and also its legal adviser who, in his reply to the petitioner's lawyer, so loudly insisted on a succession certificate, ought to have noted that under S. 370 of the Succession Act, 1925, there can be succession certificate only for debts and securities. The expression “security” has been defined in S. 370(2) and cannot include the right of access to a Safety Locker and...petitioner may have no knowledge at all as to the contents of the Safety Locker so that she could specify them in her application for succession certificate. Assuming arguendo that she knew the Locker to...decided to deny to the petitioner any access to that Locker unless she produces a succession certificate in support of her right. I have no doubt that the Bank has gone entirely wrong in doing so...

...are the only class-I legal heirs. The petitioners have filed the present petition seeking grant of succession certificate for the purposes of opening a locker bearing No.D.10, maintained in the name of...satisfied that the petitioners have made out a case for issuance of Succession Certificate as prayed for. Accordingly, this petition is ordered as prayed for and a direction for grant of Succession... Nil ..Respondent(s) that a Succession Certificate may be granted to the petitioners with power to collect the debts and receive the interest and...

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...respondent/Bank is justified in stating that without obtaining a Succession Certificate, the request of the petitioner to have access to the subject locker, is impermissible.10. Counsel for the...her no objection for grant of a Succession Certificate in his favour. However, under some wrong legal advice, the petitioner is stated to have withdrawn the said petition and has instead approached...him to operate the bank locker that was hired by his deceased father, Mr. Harish Chander Malhotra with the Tilak Nagar Branch of the respondent/Bank.6. Learned counsel for the...

...No. 3 and 4, namely, Daljit Singh and Harnam Singh were arrayed as respondents in said petition. The Succession Certificate is sought regarding FDRs, Saving Accounts and Locker of late Kartar Singh. Petition for grant...Section 372 of Indian Succession Act for grant of Succession Certificate pertaining to assets of Kartar Singh who died on 02.09.2012. Said Kartar Singh was unmarried and died issueless. Respondents...Kartar Singh as detailed in para No. 3 of petition (Annexure P-1). It is not disputed that Kartar Singh died intestate. He was unmarried and issueless. Petition for grant of Succession Certificate has been...

...access to the bank's locker. This has been declined. The Court below has declined to issue succession certificate regarding the articles put in the locker. This is how the present revision has been filed. 3. The question which arises for determination.... 9. I am accordingly, of the view that the requirement to have a succession certificate vis-avis the articles lying in a bank's locker is not envisaged by Section 370 of the Indian Succession Act. For this...who claim to be his heirs had approached the 5th Additional District Judge Gwalior for a succession certificate. This has been duly granted. This deals with various other items, including fixed...

... section 370 of the Indian Succession Act, 1925, a succession certificate can be granted only in respect of debts and securities and not for any other kind of property. A succession certificate cannot be granted in respect of ornaments pledged by a deceased with a bank by way of security for the debt which the bank had advanced. It is not a debt due from the bank. Also, it cannot be granted in respect of ornaments kept in a deposit locker in...debts and, therefore, there is no scope for obtaining a succession certificate in respect of the same. " ( 12 ) IN this case, it is not a debt due to Smt. Suguna Bai by the bank, nor were the ornaments pledged with the bank. The plaintiffs sought for a declaration to operate the bank locker and...certificate from the competent court and, therefore, that filed the present suit for a declaration that they are entitled to operate the locker. ( 3 ) THE main point that falls for...

...Suguna Bai. When the plaintiff and the 1st defendant approached the Bank to operate the locker the Bank asked them to get a succession certificate from the competent Court and therefore, they filed the present suit for a declaration that they are entitled to operate the locker. The...respect of debts and securities and not for any other kind of property. A succession certificate cannot be granted in respect of ornaments pledged by a deceased with a bank by way of security for the debt which the Bank had advanced. It is not a debt due from the Bank. Also, it cannot be granted in respect of ornaments kept in safe deposit locker in...not debts and therefore, there is no scope for obtaining a succession certificate in respect of the same.”11. In this case it is not a debt due to Smt. Suguna Bai by the Bank, nor were the ornaments pledged with the Bank. The plaintiffs sought for a declaration to operate the Bank locker and...

...impleadment in 2014 which was allowed and she was impleaded as party in the petition for succession certificate. After that she filed her reply wherein it was pleaded that locker 3...succession certificate is not maintainable. After that husband of Chhuttan Bai named 4 Gokul Das failed to produce any evidence in support of his claim before the Hon'ble District Judge. Thereafter on 11.8.2017 petition for succession certificate was dismissed in default but during pendency of petition the locker was...this Commission. Mr.Gaurav Bhargava learned counsel appearing on behalf of appellant submits that it is true that there was petition by the husband of Late Chhuttan Bai for succession certificate wherein bank was party but same was dismissed in default on 11.8.2017 and thereafter appellant complainant requested the respondent bank for returning the articles of locker. When...

...context, it is crucial to highlight that the complainant has not secured a succession certificate in his favour concerning the locker and its contents. The succession certificate presented, marked as Exhibit A-2, fails to st specify the locker held by the deceased with the 1 opposite party bank. Furthermore, the complainant and the other legal representatives have not clarified 10 the reasons for their...to mention the locker in their petition for the succession certificate. We...circumstances, it is evident st that the 1 opposite party bank was justified in insisting that the complainant obtain a succession certificate for the locker in question. This insistence is...